Private legal practitioner Austin Kwabena Brako-Powers has called for a renewed national conversation on restoring and reforming Ghana’s public tribunal system, stressing that despite its damaged image, the constitutional body could still serve as an effective tool for justice delivery and reduce the load on the country’s overstretched courts.
Speaking in an interview, Mr. Brako-Powers reminded that the public tribunal system is not an alien concept to Ghana’s judicial landscape but a constitutionally recognised feature under the 1992 Constitution that has merely fallen into disuse.
“The tribunal has always been with us. In fact, when you take the Constitution, it is there,” he stated, underscoring that the legal foundation of the tribunal system remains intact even though it has been largely ignored in practice.
Mr. Brako-Powers attributed the system’s loss of prominence to historical and political baggage that tainted public trust in its operations during past regimes, arguing that the stigma associated with the tribunals continues to discourage meaningful discourse around their revival.
“The public tribunal is suffering from reputational damage. That is why many people are hesitant to even discuss it, let alone consider its reintroduction or reform”
Austin Brako Powers, Private Legal Practitioner
Despite this, he maintained that the institution’s decline does not diminish its constitutional significance or the potential benefits it could bring to Ghana’s justice system if modernised. For him, with thoughtful reforms, the tribunals could once again become credible instruments for resolving cases that currently “congest the traditional courts.”
Opportunity for Reform
Mr. Brako-Powers welcomed reports that the Attorney-General’s Office is showing renewed interest in examining the tribunal framework, suggesting that such engagement presents an opportunity to reframe the system’s purpose.
“I am hoping the Attorney-General is seeking to expand its jurisdiction. We need to claw back the pressure on our traditional courts because they are inundated with a lot of cases”
Austin Brako Powers, Private Legal Practitioner
Ghana’s courts, particularly at the lower levels, have long grappled with backlogs that delay justice delivery. Legal analysts argue that specialised or decentralised tribunals could help resolve less complex cases efficiently, enabling the formal courts to focus on more serious matters.
According to Mr. Brako-Powers, this reform must not simply be an administrative exercise but a deliberate national effort to restore credibility and efficiency in the justice system and chart a new path forward.
Rebuilding Trust
Mr. Brako Powers stressed that transparency and merit-based appointments will be key to rebuilding public confidence.
“Sometimes, if you don’t appoint people openly and transparently, people will have issues with that,” he warned, noting that opaque recruitment and management practices could easily reignite old suspicions about political interference.
Brako-Powers further called for robust public education to help citizens understand the tribunals’ role and ensure that discussions about their revival are not clouded by historical fear or misinformation. “We must have a national conversation about what form these tribunals should take and how they can complement the work of the judiciary,” he suggested.
Observers have noted that, if properly structured, public tribunals could significantly improve access to justice, particularly in rural or underserved communities where the reach of the formal court system remains limited.
According to the legal practitioner, the tribunals could handle cases involving “land, tenancy, small claims, and community-level disputes” – areas where lengthy litigation often deters citizens from seeking justice.
Mr. Brako-Powers reiterated that Ghana’s judicial reform agenda must not dismiss the public tribunal system merely because of its controversial past. Rather, he said, it should be evaluated within the context of today’s needs for faster, affordable, and accessible justice.
“It’s time to look beyond the reputational damage and explore how this constitutional tool can be modernised to serve the needs of Ghanaians today,” he concluded, urging policymakers to treat the matter as part of the broader conversation on judicial transformation under President John Dramani Mahama’s administration.
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